GENERAL MANAGER,SIVAGANGAI DISTRICT COOPERATIVE MILK PRODUCERS UNION LIMITED, KARAIKUDI, SIVAGANGAI DISTRICT Vs. ASSISTANT COMMISSIONER OF LABOUR & TAMIL NADU LAW OFFICER

JUDGEMENT

(1.) The petitioner is the management of the Sivagangai District Cooperative Milk Producers Union represented by the General Manager. In this writ petition, they have challenged an order of the first respondent authority constituted under the Tamil Nadu Payment of Subsistence Allowance Act, 1981 (Act 43 of 1981) made in P.U.No.4 of 2007 dated 13.11.2007.

(2.) By the impugned order, the first respondent computed a sum of Rs. 1,01,962/-due and payable to the second respondent. The amount comprised of the subsistence allowance payable to the second respondent for the period from 27.07.2001 to 24.10.2001 at the rate of 50% and the last draw wages being Rs.5,900/-. The second period is from 25.10.2001 to 22.01.2002 at the rate of 75% and thereafter, the third period is from from 23.01.2002 to 27.09.2004 at the rate of 100% till the date of filing of the application. The authority took into account the amount of allowance paid already to the workman to the tune of Rs.1,12,700/-and computed only the balance of Rs.1,01,962/-.

(3.) The petitioner society did not file any appeal against the said order before the appellate authority constituted under Rule 5(A) of the the Tamil Nadu Payment of Subsistence Allowance Rules, 1981, but came to this Court directly by contending that there was no other alternative remedy available to them. Such a contention is ex-facie erroneous and did not take note of the legal provisions.